Duty To Retreat?

[carlson1]

I didn’t want to take the thread about the Indiana mall shooting off topic so I thought I would start another thread.

I know Texas has no duty to retreat. However if you were in a State that has duty to retreat and you take a shot as the young man did in Indiana how would that come into play in the aftermath?

Second question. If you are in Texas and you pass a 30.06/30.07 sign because you simply just missed it. Then you had to use your gun to stop a killer how will that scenario likely to play out in the aftermath.

I also wonder if we passed a sign and had to use our gun will those who carry some type of “Insurance” be covered?

Just some things to think about ahead of time.

[RoyGBiv]

I also wonder if we passed a sign and had to use our gun will those who carry some type of “Insurance” be covered?

Several good questions Carl... On this one specifically, I asked the folks at CCW Safe before I switched to them this year. Specifically, I am an "Emergency service volunteer" and current law provides a "defense to prosecution" to me if I choose to carry past a 30.05/06 sign.

CCW Safe tells me that their policy would cover me for a defensive gun use in that situation.

Probably a good idea to call/email whoever you choose for coverage, and ask them.

[RoyGBiv]

Second question. If you are in Texas and you pass a 30.06/30.07 sign because you simply just missed it. Then you had to use your gun to stop a killer how will that scenario likely to play out in the aftermath.

I am not a lawyer. This my opinion, not legal advice.

On this question, I believe the two questions would be separate, but, I also believe it would depend on jurisdiction of the incident. Would likely be handled differently in Austin vs Tyler, for example.

A legally justifiable defensive gun use is still legally justifiable, even if the person defending was in a place that prohibited guns. The defender could still be prosecuted to the extent that 30.05/06 provides for prosecution of violators.

Again, my opinion only.

[Tex1961]

Passing through a 30.06 is a simple misdemeanor. I’m no lawyer but my understanding is that there is no correlation between that and legal self defense with a firearm. You can walk past with a knife or baseball bat which are also deadly weapons. I’m a representative for FLP, Firearms Legal Protection. If I get a chance I’ll try and contact one of their Texas lawyers and ask what their policy is.

[srothstein]

Second question. If you are in Texas and you pass a 30.06/30.07 sign because you simply just missed it. Then you had to use your gun to stop a killer how will that scenario likely to play out in the aftermath.

I am not a lawyer. This my opinion, not legal advice.

On this question, I believe the two questions would be separate, but, I also believe it would depend on jurisdiction of the incident. Would likely be handled differently in Austin vs Tyler, for example.

A legally justifiable defensive gun use is still legally justifiable, even if the person defending was in a place that prohibited guns. The defender could still be prosecuted to the extent that 30.05/06 provides for prosecution of violators.

Again, my opinion only.

I agree that it depends heavily on the jurisdiction you are in for real world actions, but the law covers you either way. If you are legally justified in the shooting, you should (IMO) be legally covered against the 30.06/07 charge using the defense of necessity (PC 9.22). Obviously, I am not a lawyer and may be misapplying this law.